OMOTOSO STRATEGY DELAYS TRIAL
Pastor charged with rape and human trafficking set to approach Supreme Court of Appeal
A judge on Tuesday dismissed applications for leave to appeal against two of his earlier decisions in the rape and human trafficking trial of Timothy Omotoso.
The trial in the Port Elizabeth High Court of the charismatic Nigerian televangelist is now on hold for at least six weeks as his defence team will petition the Supreme Court of Appeal.
However, Judge Mandela Makaula also made a cryptic remark when he said it might be the last time he sat in court for trial proceedings.
Makaula dismissed the applications – one for leave to appeal against his decision not to recuse himself and the other not to quash the 97 charges against the pastor and his coaccused – Lusanda Sulani, 36, and Zukiswa Sitho, 28.
The applications were brought by Advocate Terry Price SC last Wednesday after Makaula ruled he would not recuse himself following Omotoso and Sulani’s claims he had been biased and sided with state witness Cheryl Zondi following her three-day cross examination earlier in October.
In his submissions, Price, on behalf of Omotoso and Sulani, claimed Makaula had already decided to convict them, that he believed Zondi’s evidence to be true, and that the pair did not enjoy a fair trial.
Sitho was not part of the application for Makaula to recuse himself.
Handing down judgment, Makaula said he had “exhaustively dealt with the grounds” submitted by the defence calling for his recusal and he still stood by his earlier decision.
Quoting excerpts from the court record, Makaula highlighted specific incidences where the defence claimed he was being “too cosy” with Zondi, asking her if she was comfortable and prepared to continue testifying.
“[These comments] were deliberately taken out of context,” Makaula said.
The case was provisionally postponed to December 10 after Omotoso’s attorney, Peter Daubermann, indicated to the court his clients would petition the Supreme Court of Appeal.